Ezel / Agency Decisions / 03-1450-alj
OSHRC ALJ decision Docket 03-1450, 03-1451 Decided December 3, 2003 Procedural Judge Michael H. Schoenfeld

McWane, Inc. Dba Atlantic States Cast Iron & Pipe

Abatement petitions resolved

Apply this to your situation

This order from 2003 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.

Currency note: this decision dates from 2003
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

McWane filed two petitions seeking modification of OSHA abatement requirements. After negotiations, the company withdrew its requests concerning several citation items in both dockets. The judge granted the remaining request in docket 03-1450, adjusting the abatement date for Citation 2, Item 2 to October 7, 2003.

Decision snapshot

  • Cited standard(s): 29 U.S.C. § 659(c)
  • Outcome: Several abatement-modification requests were withdrawn, and one request was granted with an adjusted abatement date.
  • Key point: The order implemented the parties' resolution of two petitions for modification of abatement.

Full text (OSHRC public release)

MCWANE INC, d/b/a ATLANTIC STATES
CAST IRON PIPE CO.,
Petitioner,
v. DOCKET Nos. 03-1450 & 03-1451
SECRETARY OF LABOR,
Respondent.

                               DECISION AND ORDER

   The above captioned matters are contested petitions for modification of abatement before

the Commission pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29
U.S.C. 659(c).

   The petitions, filed on or about July 3, 2003, were denied by the OSHA Area Director on

August 7,2003 and docketed with the Commission on August 12, 2003. A preliminary telephone
conference was held on August 27, 2003. On August 29, 2003, these matters are designated
expedited proceedings.

  As a result of diligent negotiation efforts of the parties, the matters have been resolved

amicably. Accordingly, the matter before the Commission has been fully resolved.

On the basis of the agreement between the parties IT IS ORDERED THAT;

1) Petitioner�s Petition for Modification of Abatement in Docket No. 03-1450 (Inspection
No.304727886) is withdrawn in regard to Citation 1, Item 3 and Citation 2, Item la.

2) Petitioner�s Petition for Modification of Abatement in Docket No. 03-1451
(InspectionNo. 113673248) is withdrawn as to Citation 2, Item la and Citation 3, Item 2.

3) Petitioner�s Petition for Modification of Abatement in Docket No. 03-1450
(InspectionNo. 304727886) as to Citation 2, Item 2, as adjusted to an abatement date of
October 7, 2003, is GRANTED.



                                                         /s/
                                                         Michael H. Schoenfeld
                                                         Judge, OSHRC

Dated: October 30, 2003
Washington, D.C.

Get today's answer for your situation

You just read what one judge decided for one employer in 2003, and it binds only those parties. Ezel checks the current OSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.